CAT/OP/NZL/1
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment conducted a visit to New Zealand from 29 April to 8 May 2013. 1
2.
The members of the Subcommittee conducting the visit were Malcolm Evans (head
of delegation), Arman Danielyan, Paul Lam Shang Leen, Petros Michaelides, June Caridad
Pagaduan Lopez and Aneta Stanchevska.
3.
The Subcommittee was assisted by four Human Rights Officers and one logistics
assistant from the Office of the United Nations High Commissioner for Human Rights
(OHCHR).
4.
The Subcommittee visited 35 places of deprivation of liberty, including police
stations, district court cells, prisons, Defence Force facilities, youth justice residences and
immigration facilities in Wellington, Auckland, Christchurch, Nelson, Blenheim, Rotorua,
Hastings and a number of rural locations (see annex I). It also held meetings with relevant
authorities, the national preventive mechanism and members of civil society (see annex II).
The Subcommittee wishes to thank everyone for the valuable information provided.
5.
At the conclusion of the visit, the Subcommittee orally presented its confidential
preliminary observations to the New Zealand authorities. The present report contains the
Subcommittee’s findings and recommendations concerning the prevention of torture and
ill-treatment of persons deprived of their liberty in the State party. It uses the generic term
“ill-treatment” to refer to any form of cruel, inhuman or degrading treatment or
punishment.2
6.
The Subcommittee requests that the New Zealand authorities reply to this
report within six months from the date of its transmission, giving a full account of the
actions they have taken to implement the recommendations made.
7.
The report will remain confidential until such time as the authorities decide to make
it public, in accordance with the Optional Protocol, article 16 (2).
8.
The Subcommittee wishes to draw the attention of the State party to the Special
Fund established under the Optional Protocol (art. 26), to which applications may be made
for funding the implementation of recommendations contained in those Subcommittee
reports which have been made public.3
9.
The Subcommittee wishes to express its appreciation for the excellent cooperation
over and facilitation of the visit. The Subcommittee enjoyed unrestricted private access to
those persons deprived of their liberty whom it wished to meet and the records it wished to
examine. However, there was some delay in gaining access to places of detention at
weekends. Furthermore, the Devonport Naval Base was not aware of the Subcommittee’s
visit to New Zealand, resulting in delayed access.
10.
The Subcommittee wishes to record that it did not encounter any consistent
allegations of torture or physical ill-treatment in the places of detention visited.
1
2
3
For information about the Subcommittee, see www.ohchr.org/EN/HRBodies/Optional
Protocol/Pages/Optional ProtocolIndex.aspx.
See Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
article 16.
See www.ohchr.org/EN/HRBodies/OPCAT/Fund/Pages/SpecialFund.aspx.
3